Last Updated on March 13, 2012.
Terms of Service
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations,
and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.
The materials contained in this web site are protected by applicable copyright and trade mark law.
"You" and "your" refer to you, as an user of the Site. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. "We", "us", and "our" refer to YourTravelVideos.
"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication.
"User Content" means Content that you submit or transmit to, through, or in connection with the Site, such as Data, links to videos, ratings, reviews,
messages, Entity Accounts, and information that you publicly display and submit on this Site. "User Content" means Content that users submit or transmit to, through, or in
connection with the Site.
"YourTravelVideos Content" means Content that we create and make available in connection with the Site. "Third Party Content" means Content
that originates from parties other than YourTravelVideos or its users, which is made available in connection with the Site.
"Site Content" means all of the Content that is made available in connection with the Site, including User Content, User Content, Third Party Content, and YourTravelVideos Content.
"Account Manager" An user who posts in data to create Public Account Pages.
"Entity Accounts" refers to specific data and page(s) for businesses (i.e. Hotels, Resturaunts), locations, things to do, events, etc.. entered in by an Account Manager and is included with in
2. Changes to the Terms of Service
We may update these Terms of Service from time to time. When changes are made, we will notify you by making the revised version available on this web page, and will indicate at the top of this page the
date that revisions were last made.
3. Use License
To access or use the Site, you must be 18 years or older, human or other sentient organic intellegent being, and have the authority to enter into these Terms.
You may not access or use if we have previously banned you from the Site or closed your account.
Permission to Use the Site
We grant you permission to use the Site under the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to
Content that is inaccurate, offensive, objectionable, or otherwise inappropriate. However we will do our best to this innapropriate content and encourage you to report such content.
The Site may be modified, updated, interrupted, suspended or offline at any time without notice or liability.
You must create an account and provide certain but minimal information about yourself in order to use some of the features that are offered through the Site.
You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account.
You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
You may not impersonate someone else including but not limited to Celebrities and YTV Employees, or create or use an account for anyone other than yourself.
You may not provide an email address other than your own, or create multiple accounts.
Communications from YourTravelVideos and other Users
By creating an account, you agree to receive certain communications in connection with the Site. For example, you might receive a system message to your account, or a private message
from an interested advertiser. In any case, we will not reveal your email address or any personal information.
You may also receive a periodic e-mail about happenings from YourTravelVideos. You can opt-out of non-essential communications on your Account Page.
Responsibility for User Content
You are responsible for User Content you submit, and once published, it cannot always be withdrawn. You assume all risks associated with User Content, including anyone's reliance on its
accuracy or reliability. You are responsible for any disclosure by you of information in User Content that makes you personally identifiable.
You represent that you own, or have the necessary permissions to use and authorize the use of User Content as described herein.
You may expose yourself to liability if, for example, User Content contains material that is false, irrelevant, intentionally misleading, or defamatory; violates any third-party right,
including any intellectual property or proprietary right; contains material that is unlawful, harmful, threatening, abusive, obscene, vulgar, harassing, defamatory,
hateful, racially, ethnically or otherwise objectionable content; or violates or advocates the violation of any law or regulation.
Everything must be done in English.
YourTravelVideo's Right to Use User Content
We reserve the right to copy, publicly perform or display, distribute, modify, translate, and create derivative works of User Content for the purpose of promoting YourTravelVideos and it's
relative sites. For example, you may see a screenshot of your video on the front splash page of this website.
As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use User Content for any purpose.
You irrevocably waive against YourTravelVideos and its users any claims and assertions of moral rights or attribution with respect to User Content.
As between you and YourTravelVideos, you own User Content. We own the YourTravelVideos Content, including but not limited to graphics,
design, compilation, code, software, aggregate user ratings, and all other elements and components of the Site excluding
User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights")
associated with the YourTravelVideos Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual
and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit
any of the YourTravelVideos Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant
you any express or implied rights, and all rights in and to the Site and the YourTravelVideos Content are retained by us.
As an Account Manager, we assume that User Content, specifically videos added and Entity Accounts, that you submit to YourTravelVideos for public display is accurate, genuine, unique,
and fits in with our Site Theme of Travel and Tourism. The Site Theme may expand or change with out notice. We will do our best to notify you of inaccurate information or mistakes that we notice or receive notice of, and expect the account holder to correct these
errors in a timely manner. Continued or blatent failure to submit or correct such User Content may result in removal and/or termination of your Account. Read more on Guidelines .
YourTravelVideos and its licensees may publicly display advertisements and other information adjacent to or included with User Content.
Excluding your Entity Account Pages through our "Make Money" Features, You may not be entitled to any compensation for such advertisements. If you are
an active Account Holder that ensures your information is accurate and just, you may seek to sell advertising through our means
to your "Entity Account Pages", and receive compensation. Read More ... .
The manner, mode and extent of such advertising are subject to change without specific notice to you.
User Content does not necessarily reflect the opinion of YourTravelVideos. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole
discretion and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you
with copies of User Content, nor do we guarantee any confidentiality with respect to User Content.
We are not obligated to enforce the Terms on your behalf against another user, however we still encourage you to let us know if you believe another user has violated
the Terms or has innacurate information, we reserve the right to investigate and take appropriate action at our sole discretion. We have made this easy for you, with each
video and entity, we have provided a comment field for you to report or remark.
You agree not to, and will not assist, encourage, or enable others to use the Site to:
The restrictions above only apply to the extent permissible under applicable law.
- Violate our Content Guidelines, for example, by entering in a fake location or deliberate false information;
- Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Promote commercial businesses or an event, or otherwise use the Site for commercial purposes, except in connection with an Entity Account and as precisely permitted by YourTravelVideos;
- Reformat, frame, Modify, adapt, appropriate, reproduce, redistribute, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than User Content), except as expressly authorized by YourTravelVideos;
- Use any robot, spider, site search/retrieval application, or other automated device, to record, process, retrieve, scrape, or mine any data off our Site or any Site Content;
- Reverse engineer any portion of the Site;
- Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
- Take any action that imposes an unreasonable or disproportionately large load on our Site in a malicious way;
- Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojans or other items of a malicious nature;
- Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password harvesting or any other means;
- Use the Site to violate the security of any computer network; disrupt or interfere with the security of the Site or its hosting provider;
- Solicit personal information from minors, or submit or transmit pornography; or Violate any applicable law.
- Violate these Terms of Service;
By using Your Travel Videos, you agree to the collection and use of your personal information as described in this policy. If we make any significant changes to this policy, we will notify you by posting a notice of such changes on a vivid location on the website.
We care deeply about protecting your privacy. Please send us any comments or questions you may have.
- We don't ask you for personal information unless we truly need it.
- We will never spam you or give your personal information to anyone.
- You can wipe your account at any time.
- Other users can't see your private information.
- We don't share your personal information with anyone except to comply with the law, develop our products, or protect our rights.
- We don't store personal information on our servers unless required for the on-going operation of one of our services.
How we treat your information
We will never spam you.
If you are a registered user of Your Travel Videos website and have supplied your email address, Your Travel Videos may send you email to tell you about new features, solicit your feedback,
or to notify you of pending in-site messages. We primarily use the site itself to communicate the above mentioned type of information, so we expect to keep this type of email to a minimum.
We will never disclose your personal information without your permission.
We will never sell, rent or share your personal information with a 3rd party, especially your email addresses and names, without your express permission, unless required by law or absolutely necessary to the operation of Your Travel Video's site.
You can update your account information and preferences at any time.
We will only access your personal information when:
- You specifically request us to do so (e.g. you are having technical difficulties).
- It is required by law.
- It is necessary to maintain or operate our system.
What information do we collect?
Like most website operators, Your Travel Videos collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type,
language preference, referring site, and the date and time of each visitor request. Your Travel Videos' purpose in collecting non-personally identifying information is to better understand
how Your Travel Videos' visitors use its website. From time to time, Your Travel Videos may release non-personally-identifying information in the aggregate, e.g., by publishing a report on
trends in the usage of its website.
Your Travel Videos also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users. Your Travel Videos only discloses user IP addresses
under the same circumstances that it uses and discloses personally-identifying information.
Certain registered users to Your Travel Videos' website choose to interact with Your Travel Videos in ways that require Your Travel Videos to gather personally-identifying information.
The amount and type of information that Your Travel Videos gathers depends on the nature of the interaction. For example, we ask visitors who register an account to provide their user name,
email address and a password. Those who engage in certain interactions with Your Travel Videos by entering a contest or becoming an account manager, for example may be asked to provide additional
information, including as minimally necessary the personal and financial information required to process those transactions, for example, your PayPal email address. In each case,
Your Travel Videos collects such information only insofar as is necessary or appropriate to fulfill the purpose of the interaction with Your Travel Videos. Your Travel Videos does
not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that
it may prevent them from engaging in certain website-related activities.
All passwords are stored on our server in encrypted form - not even we can tell what they are! If you lose your password, we will generate a new one and send it to you.
A cookie is a small amount of information that a website stores on a visitor's computer, and which the visitor's browser provides back to the website each time the visitor accesses
pages on the website.
short term cookies which help users move seamlessly through our website and, optionally, long term cookies that make returning to the Your Travel Videos website easier.
Our short term cookies do not contain any personally identifiable information; the long term cookies contain our user's login email address which eliminates the need for
visitors to re-enter their login email address each time the return to the Your Travel Videos website. When a user log's off of the Your Travel Videos website, they have the
option to have our website delete the long-term cookie by simply clicking a checkbox on the screen.
Your Travel Videos does not use third-party-cookies, which is to say that Your Travel Videos does not grant permission to other websites or companies to access our cookies nor does Your Travel Videos access other websites' cookies. Your Travel Videos does not grant permission for our advertisers to use third-party-cookies.
The core functionality of the Your Travel Videos website includes linking to other websites that are outside of Your Travel Videos' control. When links are submitted to our website, we only allow
links from safe websites, and we do our best in filtering these links to only allow safe websites.
If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it anonomously in order to help us clarify or respond to your request or to help us support other users.
Protection of Your Information
We will protect your information from other users.
Other users can see your account username. Nobody can see your other personally-identifying information (e-mail address, name, etc.) unless you explicitly elect to make it public.
We only disclose information to third parties who likewise agree to protect your privacy.
Your Travel Videos discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations
that (i) need to know that information in order to process it on Your Travel Videos' behalf or to provide services available at Your Travel Videos' websites, and (ii) that have agreed not to
disclose it to others.
We may sell, rent or share information about user habits in aggregate only. We will never do so in a manner that could even remotely be individually identifiable.
For example, we could collect and share information like "what is the average age of our male registrants in New York state?" but we would NOT share information like "what links did
John Smith from Waxahachie click on within the site?" or "what are the e-mail addresses of all the users from California?"
Other causes for disclosure.
Other than to its employees, contractors and affiliated organizations, as described above, Your Travel Videos discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Your Travel Videos believes in good faith that disclosure is reasonably necessary to protect the property or rights of Your Travel Videos, third parties or the public at large. Your Travel Videos takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
7. Your Travel Videos LLC ("YTV") Authorized Representative agreement.
Please read the terms below and register to become a YTV Authorized Representative ("YTV Authorized Rep").
1) MAKE MONEY WITH YTV BY POCKETING THE FIRST YEAR'S "MAIN AD SPACE" REVENUE: As a YTV Authorized Rep, you can cause new pages ("Location Account Pages") to be posted on YTV by filming and submitting to YTV your own videos and/or submitting links to existing videos of qualifying locations (places to stay, restaurants and things to do). As a YTV Authorized Rep, when you open a new Location Account Page, you will be exclusively entitled to the advertising revenue for that page for the next 10 days. After that, any YTV Authorized Rep can sell it. This gives you time to sell the Main Ad on that page if that Location Account does not buy their own page's ad.
2) MINIMUM VIDEO QUALITY: You understand that we have a minimum quality requirement for videos submitted to YTV. They must tell us something about the Location Account (ie. footage of exterior, interior, food, menus, interviews with staff etc.) in order to be beneficial for our users. They must not be of such poor quality that it is hard to discern what the video is about (MMS video quality is too poor). Typically, cell phone video that is not in MMS mode works (see our "Make Money" video for more details). Further you understand that all videos are reviewed and subject to acceptance by YTV and that your video(s) may not qualify, but you can submit numerous videos for the same Location Account. In the event you are having difficulty with this issue, please don't hesitate to contact us for feedback. We aren't that picky.
2.5) VIDEO RIGHTS OWNERSHIP: Although you own the video you shoot, you hereby allow YTV to repost (to YouTube etc.) any of your videos that you submitted to YTV for the purpose of opening a new Location Account. There is no time limit to YTV's right to repost said video(s) and it is irrevocable. This enables YTV and its Location Accounts to not be damaged in the event that you delete Location Account videos currently in your own YouTube account. Because all Location Accounts must have at least one video, loss of the video would disqualify the Location Account's page thus forfeiting the remaining advertising period that may have been purchased on that page. The video reposts can only be used for the Location Account for which the video was originally submitted.
3) ACCOUNT DUPLICATE POLICY: We want to do everything we can to help people avoid making the mistake of opening a Location Account that is already in our data base for which the Main Ad has already been sold. That is why we ask that you conduct a search of the business using all three of our search functions: by 1) Name and 2) Location (using our "Search YTV" function for both) and 3) Alphabetically- where you can look for misspells and other business names that the account may have been opened under (see "Make Money" video). It is very unlikely that these three searches together will fail but in the event they do, you agree and understand that once a Location Account has been opened and the Main Ad on that page has already been taken, it is not available again except under a different category for which the Location Account legitimately qualifies (subject to YTV approval). Of course, multiple pages for the Location Account multiplies the advertising expense associated with that Location Account. You agree that in the event you waste your time and effort on a duplicate account, you have no claim against us or the Location Account for any expenses (including unearned income) associated with that effort, even if the YTV search results were inaccurate causing you to assume that the Location Account was available. If you see this happen, please notify us so that we can address any problems that may have contributed to this mistake. We obviously don't want this to happen and will do everything in our power to provide you the tools necessary to avoid this, but nobody is going to pay you for duplicate effort.
4) INDEPENDENT CONTRACTOR RELATIONSHIP: You understand and agree that your relationship with YTV as an Authorized Rep is as an Independent Contractor wherein you assume full responsibility for your actions involving YTV in any way. Further, you agree to indemnify and hold YTV harmless from any and all actual or alleged claims, demands, causes of action, liability, loss, damage and/or injury (to property or persons, including without limitation wrongful death), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of you, your personnel, employees, agents, contractors, or volunteers in connection with or arising out of their actions. You understand that you are responsible for all taxes that may be applicable to your income and that any 1099's that may be issued will be done through Paypal as all payments are presently payable through Paypal.
5) NOTIFICATION OF CHANGES OR MODIFICATIONS: We know that we will be making changes as we grow. When changes are made, (as already stated in our Terms of Service), we will notify you by making the revised version available on our Terms of Service page, and will indicate at the top of the page the date that revisions were last made.
6) TERMINATION: We reserve the right to terminate your YTV Rep Authorization at will, without notification or dispute, or right to remedy. Reasons for this would include misrepresentation to us (or to a business), overcharging or intentionally deceiving us (or a business) in any way, submitting inappropriate videos (ie. porn), or any other activity that is considered by us to be severe enough to warrant your termination. Generally, we will try to give you the benefit of the doubt by attempting to communicate with you about the problem in the hope that there is a plausible explanation that can be remedied to ensure no future problems. You hereby agree to absolve YTV of any damages that may occur to you as a result of your termination. Additionally, you agree you have no rights to recourse from YTV for any damages you may assert are caused by your termination.
7) DISPUTE RESOLUTION: In the event there is a dispute with YTV, you agree to abide by the decision of YTV with no right to recourse. We are not interested in ripping people off. The internet is a small world and people will spread the word quickly if we rip off our reps. But, we also don't want to be victimized by people trying to "game" the system, sucking our resources in the process.
8. YourTravelVideos Advertising
If you purchase a YourTravelVideos Deal, the terms of your purchase will be governed by the YourTravelVideos Deal General Terms on the Advertising page for which you sign up to.
If you create an Entity Account for your own business or event, you still must abide by the User Content Guidelines. If you are interested you may
receive a discount on your Advertising Deal instead of the above Make Money Oppurtunity. This oppurtunity will be available with notice when signing up for such Advertising Deal,
and you can only maintain ownership of your Entity Account and receive such discount if you follow these Terms, especially the User Content Guidelines.
You agree to indemnify, defend, and hold YourTravelVideos and any related companies, suppliers, officers, and employees, agents and representatives of each of them
(collectively, the "YourTravelVideos Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out
of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) the infringement by you, or any third party using your account,
of any intellectual property or other right of any person or entity. YourTravelVideos reserves the right, at your expense, to assume the exclusive defense and
control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter
without the prior written consent of YourTravelVideos. YourTravelVideos will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Disclaimers and Limitations of Liability
We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind.
Any such action could prevent you from accessing your account, the Site, User Content, Site Content, or any other related information.
In the event of any termination, whether by you or us, These Terms will continue in full force and effect, including our right to use User Content as detailed in Section 4.
- We reserve the right to modify, update, or close the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
- We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site.
- Any failure on YourTravelVideos's part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
- The Terms are not assignable, transferable or sublicensable by you except with YourTravelVideos's prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms shall be void.
- Account Managers are independent contractors and their views, opinions and actions do not necessarily represent those of YourTravelVideos.
- We are not responsible for lost data or any other damages associated with the use of our site.
No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege,or service voluntarily given or performed by YTV shall give you any contractual right by custom, estoppel, or otherwise.
In the event of any dispute, Texas law will govern any claim, cause of action or dispute that might arise between you and YourTravelVideos (a "Claim"), without regard to conflict of law provisions.
For any claim brought by you or any party, You agree to submit and consent to the personal and exclusive jurisdiction in the state and federal courts located in Travis County, Texas, USA.